Duff v. Fordson Coal Co.

Opinion of the Court by

Judge Tilford

Reversing.

The appellee, Fordson Coal Company, hereinafter referred to as “the Company,” instituted this action in equity against the appellant, A. J. Duff, to enjoin trespassing, to recover the value of timber cut, and to quiet its title to the land. By answer and counterclaim appellant traversed the allegations of the petition, described the land claimed by him, and asked that he be adjudged the superior title where the patents, under which the respective parties claimed, overlapped. Proof was taken by depositions, and upon final submission to the Special…